Overview
Patrick Ferguson is a corporate partner in the Bay Area office of Kirkland & Ellis LLP. Patrick brings two decades of experience guiding clients through the development, financing, acquisition and sale of some of the most innovative energy projects in the U.S. He has extensive experience in the negotiation of power purchase agreements, tolling agreements and wholesale power contracts to support the development and operation of solar, wind, geothermal, natural gas, energy storage and data center infrastructure.
Patrick is ranked Band 2 by Chambers USA for his work in California energy law, and clients have praised his “expert regulatory and commercial advice” and experience “across a range of assets including solar and geothermal power plants and transmission lines.” He was named by Best Lawyers as the “2026 Lawyer of the Year” for California energy law.
Experience
Representative Matters
Since joining Kirkland, Patrick has been involved in the following matters:
- Numerous large independent power producers in solar, wind, geothermal and energy storage contracts for new facilities in CAISO, WECC, ERCOT and MISO.
- Natural-gas power developers in co-located and data-center-dedicated power supply agreements in PJM and ERCOT.
- Data center developers in utility power-supply and related infrastructure arrangements for gigawatt-scale data centers in MISO, PJM, SPP and ERCOT.
- Natural-gas and renewable power developers in co-located power supply agreements for data centers in ERCOT in both investor-owned utility and electric cooperative territories.
- Independent power producers in wholesale energy, capacity and REC contracting from existing generation facilities.
- Data center developers in co-located power supply agreements for data-center developers in ERCOT in both investor-owned utility and electric-cooperative territories.
- Power and data-center developers in shared-facility arrangements for co-located power and data-center infrastructure in ERCOT, MISO and SPP.
- Energy management agreements and related services agreements for co-locating power and data center developments.
- Data center and power developers in negotiating retail-electric provider contracts in ERCOT.
- Power and data-center developers in negotiating utility sleeving arrangements for data centers.
Prior to joining Kirkland, Patrick was involved in the following matters:
- Wholesale power contracting for many GWs of energy, capacity and RECs across the United States in all ISO regions and many utility service territories.
- Power contracting to support behind the meter natural gas power plants in PJM to power hyper scale data center in Ohio.
- Development, power contracting and utility arrangements for front of the meter geothermal portfolio in WECC.
- Front of the meter PPAs, utility sleeves and related retail power arrangements for the sale of wind power for data centers in SPP and ERCOT.
- Power contracts for existing wind power facilities to co-locate energy storage and data center load behind the meter in ERCOT.
- Natural gas power contracts to support data center load in Oregon, Nevada and Arizona.
- Power contracting for cogeneration facilities in California and Arizona.
- Development of gas generation facilities to support co-located data centers in WECC.
- Development of gas + carbon capture facility in Wyoming to power data center load.
- Renewable contracts with Dominion Energy to support data centers in Northern Virginia.
- Utility tolling agreement to support development of new combined cycle project in West Virginia.
- Multiple GWs of solar and storage PPAs in CAISO, across from all major utilities and community choice aggregators.
- Solar and storage PPAs with DTE to power increased load due to data center development.
- Transmission Security Agreements with ComEd to support data center development in Ohio.
- Wholesale power purchase agreements for natural gas energy and capacity from California generating assets.
- Development support and regulatory assistance on the creation of the CAISO subscriber participating transmission owner (SPTO) to allow for the development of merchant transmission facilities in WECC.
- Voluntary carbon offset purchase and sale agreements for technology companies to support net zero pledges.
- Energy storage services agreement for behind the meter batteries to support utility load in Washington state.
- Energy as a service agreements to support the development of batteries at commercial and industrial facilities throughout California.
- Multiple GWs of Resource Adequacy (RA) contracts for sale of capacity from generation and storage assets to California load serving entities using EEI, WSPP and ISDA confirmations.
- Capacity agreements for sale of Zonal Resource Credits (ZRCs) from wind and storage assets in the MISO region.
- Revenue share agreement for energy storage resources in ERCOT.
- Power purchase agreements for sale of energy, capacity and RECs from California geothermal facilities.
- Solar and storage agreements for new development projects in ERCOT and SPP.
- Natural gas tolling agreement from combined cycle project in California.
- Tolling agreements for energy storage projects in Oregon, California and New Mexico.
- Electric service agreements for data center load in ERCOT.
- Renewable contracts for solar, wind and energy storage assets for sale to NV Energy.
- Solar and storage aggregation agreements for sale of behind the meter renewables and storage to Arizona utility.
- Energy management agreements for dispatch and market operation of energy storage projects in AESO, SPP, ERCOT and CAISO.
- Interconnection agreements and transmission plan deliverability agreements to support the allocation of deliverability to new assets in CAISO.
- Power purchase agreements for sale of wind power from wind facilities in Idaho and Wyoming.
- Power purchase agreements for sale of energy and capacity from solar projects in Pennsylvania.
- Capacity agreement for new energy storage resource to be located in Arizona.
- Capacity agreements for incremental energy storage resource additions in the CAISO region.
Prior Experience
Partner, Orrick, Herrington & Sutcliffe LLP
Partner, Davis Wright Tremaine LLP
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Credentials
Admissions & Qualifications
- California
Education
- Columbia Law SchoolJ.D.2007Harlan Fiske Stone Scholar
- Georgetown UniversityB.S.; B.B.A.cum laude2003